Regular Meeting Annotated Agenda
June 1, 2010

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 1, 2010
7:00 P.M.
Council Chambers - 2134 Martin Luther King Jr. Way
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak


Preliminary Matters

Roll Call: 7:04 p.m.  Absent: Councilmember Arreguin.  Councilmember Arreguin present at 7:15 p.m.

Ceremonial Matters: 

  1. Jon Moriarty
  2. Juneteenth is June 13, 2010
  3. La Pena Day is June 5, 2010.
  4. Lisa Bullwinkel

City Manager Comments:  None.

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 10 speakers.
Consent Calendar
Action: M/S/C (Maio/Moore) to adopt Consent Calendar in one motion except as indicated:
 
1. Amendment to Ordinance Counting Saturday as a Business Day For Animal Holding Periods, BMC Section 1.04.080 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 1.04.080 regarding animal holding periods to conform to state law.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted first reading of Ordinance No. 7,136–N.S.  Second reading scheduled for June 22, 2010.
 
From: City Manager
Recommendation: Approve the minutes for the May 18, 2010 regular City Council Meeting.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Approved minutes as submitted.
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with ImageSource, Inc. for payment of annual maintenance and software assurance for an Enterprise Content Management System for a period of two years from July 1, 2010 to June 30, 2012 in an amount not to exceed $120,000 for a new total contract amount of $840,000.
Financial Implications: General Fund - $120,000
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 64,894–N.S.
 
From: City Manager
Recommendation: Adopt a Resolution:
1.    Approving the FY 2010 Report of the North Shattuck Business Improvement District (NSBID);
2.    Declaring Council's intention to levy an annual assessment for the NSBID for FY 2011; and
3.    Scheduling a public hearing for July 13, 2010 to consider levying a renewed assessment for FY 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 64,895–N.S.

5. Assessment: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1.  Approving the Annual Assessment Report for the Telegraph Property and Business Improvement District (TBID) for FY 2010,
2.  Declaring an intention to levy special assessments in the District for FY 2011,
3.  Scheduling a public hearing on this topic for July 13, 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 64,896–N.S.

6. Assessment: Elmwood Theater Business Improvement Area for FY 2010 and Renewal of Assessments for FY 2011 (PDF)
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution:
1.    Approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2010;
2.    Declaring an intention to levy annual assessments in the Improvement Area for Fiscal Year 2011; and
3.    Setting a public hearing on the levy of assessments for July 13, 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 64,897–N.S.
 
7. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $4,250,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.
 
8. Notice of Appropriations Limit for Fiscal Year 2011 (PDF)
From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2011 at its meeting of June 22, 2010; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk Department on or before June 7, 2010.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,898–N.S.
 
9. Temporary Appropriations FY 2011 (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2010, until the effective date of the FY 2011 Annual Appropriations Ordinance.
Financial Implications: See Annual Appropriations Ordinance.
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,899–N.S.
 
10. FY 2011 Tax Rate: Neighborhood Branch Library Improvements Project GO Bonds-Election of November 2008 (PDF) 
Revised Agenda Material (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.013%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,137–N.S.  Second reading scheduled for June 22, 2010.
 
11. FY 2011 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0130%).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,138–N.S.  Second reading scheduled for June 22, 2010.
 
12. FY 2011 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.020%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,139–N.S.  Second reading scheduled for June 22, 2010.
 
13. FY 2011 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.002%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,140–N.S.  Second reading scheduled for June 22, 2010.
 

14. Levying a Special Tax for FY 2011 to Fund the Provision of Library Services (PDF)
Revised Agenda Material (PDF)
From: City Manager
Recommendation: Adopt an Ordinance to set the FY 2011 tax rate for the Library Services Tax at $0.1609 (16.09 cents) per square foot for dwelling units and $0.2434 (24.34 cents) per square foot for industrial, commercial, and institutional buildings. 
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,141–N.S.  Second reading scheduled for June 22, 2010.

15. FY 2011 Tax Rate to Fund the Provision of Emergency Medical Services (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting a special tax rate of $0.0303 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,142–N.S.  Second reading scheduled for June 22, 2010.
 
16. FY 2011 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for funding all improvements for the maintenance of parks, City Trees, and Landscaping in the City of Berkeley at $0.1137 (11.37 cents) per square foot.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,143–N.S.  Second reading scheduled for June 22, 2010.
 
17. FY 2011 Tax Rate: Emergency Services for the Severely Disabled (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for the provision of emergency services for the disabled at $0.01162 (1.162 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,144–N.S.  Second reading scheduled for June 22, 2010.
 
18. FY 2011 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
Revised Agenda Material (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04154 (4.154 cents) per square foot of improvements for dwelling units and setting the rate for all other property at an annual rate of $.06286 (6.286 cents).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted first reading of Ordinance No. 7,145–N.S.  as amended to reflect $.06286 (6.286 cents) Second reading scheduled for June 22, 2010.
 
19. Accepting $54,001 in Department of Energy Weatherization Assistance Program (DOE WAP) Funds (PDF)
From: City Manager
Recommendation: Adopt a Resolution
1    Authorizing the City Manager or his designee to execute a contract with the California Department of Community Services and Development in order to receive a grant in the amount of $54,001 from the U.S. Department of Energy Weatherization Assistance Program for the period of June 30, 2010 to June 30, 2011 in order to provide weatherization assistance for eligible residents of Berkeley, Albany, and Emeryville; and
2    Authorizing the City Manager to designate a representative to sign the required fiscal and programmatic reports to the State of California and the U.S. Department of Energy.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,900–N.S.
 
20. Shelter Plus Care Program Renewal Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the City Manager's execution of Shelter Plus Care renewal grant number CA0121C9T020802 and amending Resolution No. 64,808-N.S. which authorized the City Manager to execute the renewal grant agreement with the U.S. Department of Housing and Urban Development for the incorrect grant amount.  The resolution incorrectly stated the award amount for the Supportive Housing Network as $117,648 instead of $125,088.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,901–N.S.
 
21. Grant: Measure B Paratransit Revenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
1    Approving the Measure B Program Plan for paratransit services;
2    Authorizing the City Manager to take any other actions required to execute an agreement with the Alameda County Transportation Improvement Authority (ACTIA) in the amount of $146,648 for Measure B annual pass-through funds for use during FY 2011;
3    Authorizing the City Manager to apply for stabilization funding authorized by ACTIA in an amount up to $16,294 if and when conditions are met making Berkeley eligible for these funds.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,902–N.S.
 
22. Contract No. 7722 Amendment- Milliman, Inc. (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722 with Milliman, Inc. (hereinafter “Milliman”) by increasing expenditure authority in an amount not to exceed $40,000 for a total contract amount of $129,999 through June 30, 2011 for actuarial services pertaining to retiree medical benefit plans.
Financial Implications: General Fund - $40,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,903–N.S.
 
23. Contract No. 6893B Amendment: Nexus IS - Telephone Equipment Warranty (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6893B with Nexus IS for an extended telephone equipment warranty, increasing the amount by $60,000, for a total contract amount not to exceed $350,000 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,904–N.S.
 
24. Contract No. 5864B Amendment: Granicus Video Streaming Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5864B with Granicus, Inc. for video streaming and archiving services, increasing the amount by $50,800 for a total contract amount not to exceed $234,800, and extending the term through June 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,905–N.S.
 
25. Contract No. 5089F Amendment: AMS.NET - Computer Networking (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5089F with AMS.NET for computer networking hardware acquisition, installation, and maintenance, increasing the amount by $125,000, for a total contract amount not to exceed $894,000, and extending the term to June 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,906–N.S.
 
26. Contract No. 7167: FUND$ Software Maintenance (PDF)
From: City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to amend Contract No. 7167 and any amendments with SunGard Public Sector (formerly SunGard HTE) for maintenance and support of the City’s FUND$ system, increasing the amount by $135,000 for a total contract amount not to exceed $665,000 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,907–N.S.
 
27. Contract: East Bay Conservation Corps/Civicorps Schools - Hazardous Vegetation Removal Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with East Bay Conservation Corps/Civicorps Schools (EBCC) in an amount not to exceed $95,000 for the first year and a total of $505,000 pending the approval of future budgets, for the term of June 1, 2010 through September 30, 2013, with options to extend for up to two 12-month periods.
Financial Implications: Parks Tax Fund - $505,000 over five years
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,908–N.S. as revised to reflect the term of June 1, 2010 through September 30, 2014.
 
28. Status Report: 2020 Vision - Work Plan and Pilot Projects (PDF)
From: City Manager
Recommendation: Adopt a Resolution to support the 2020 Vision Phase I Work Plan and the 2010 pilot projects.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,909–N.S.
 
29. Purchase Order No. 79993: WECO Industries for Truck Mounted TV Van and Trailer Flusher (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 79993 to WECO Industries by $55,485 for one truck mounted TV van and trailer flusher for a total of $105,485.
Financial Implications: Equipment Replacement Fund - $55,485
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,910–N.S.
 
30. Contract No. 6475 Amendment: City CarShare for Fleet Vehicle Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to 1) amend Contract No. 6475 with City CarShare for the continuation of the City Fleet Carsharing Program, including the AccessMobile and Plug-In Hybrid Electric Vehicle pilot programs; 2) increase the contract by $182,500 for a total amount not to exceed $800,500 through December 31, 2011; and 3) direct the City Manager to establish a cost allocation program for implementation starting January 2011 which would charge each department direct costs for use of the Carsharing Program.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,911–N.S.

 
Council Consent Items
 
31. Proclamation Honoring Reid's Records for 65 Years of Service to Berkeley (PDF)
From: Councilmembers Anderson and Worthington
Recommendation: Adopt a proclamation recognizing Reid's Records for 65 years of service to Berkeley.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Approved proclamation.
 
32. Urging the Inclusion of the Uniting American Families Act in the Comprehensive Immigration Reform Bill (PDF)
From: Councilmembers Arreguin and Maio
Recommendation: Adopt a Resolution urging the inclusion of the Uniting American Families Act in the Comprehensive Immigration Reform Bill.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,912–N.S. as revised to reflect the following:
33. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Berkeley Pacific Center (PDF)
From: Councilmembers Worthington, Moore and Arreguin
Recommendation: Adopt a Resolution to approve the expenditure of up to $1000 to the Berkeley Pacific Center with funds relinquished to the City’s General Fund for this purpose from Councilmember Worthington’s discretionary Council Office Budget and up to $250 from Councilmember Arreguin’s and Councilmember Moore’s discretionary Council Office Budget.
Financial Implications: No General Fund impact; $1000 is available from Councilmember Worthington’s and up to $250 from Councilmember Arreguin’s and Councilmember Moore’s Council Office Budget.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,913–N.S. as revised to reflect Councilmember Arreguin’s relinquishment in the amount of $250.
 
34. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Partners for Parks for the Exclusive Use to Fund Berkeley Path Wanderers (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution to approve the expenditure of up to $250 to the Berkeley Partners for Parks to sponsor Berkeley Path Wanderers with funds relinquished to the City’s General Fund for this purpose from Councilmember Wengraf’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Fund - $250
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 64,914–N.S.
 
35. Written Moratorium on Contract Enforcement About Vacations/Sick Time for Small Business Owners at Telegraph/Channing Garage (PDF)
From: Councilmember Worthington
Recommendation: Adopt a written moratorium on contract enforcement that would only apply to vacations/sick time for small business owners at Telegraph/Channing Garage, until the City Manager puts forth permanent modifications to the lease agreements to address this unintended consequence.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation as revised to reflect the following:
36. Seventh Annual Berkeley World Music Festival (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution proclaiming June 5th, 2010 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.
 
37. Support Americans with Disabilities Act Campaign (PDF)
From: Councilmember Worthington
Recommendation: Acknowledges the spirit of the Americans with Disabilities Act by signing on to the ADA Campaign.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.
 
38. Referral to the Energy Commission: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission (PDF)
From: Councilmember Worthington
Recommendation: Refer to the Energy Commission a city response to Smart Meter problems and preparation of a letter to the California Public Utilities Commission, including an investigation of the PG&E Smart Meter program, requirement of PG&E to submit a characterization study of the system planned to the City, requirement of PG&E to allow customers to 'opt out' of the program without repercussions, as well as an immediate moratorium on the disposal, recycling, or permanent alteration of old PG&E meters and call for consideration of a moratorium on the further installation of PG&E Smart Meters.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Moved to Action Calendar.  Continued to June 29, 2010.
 
39. Proclamation to Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month and Authorize City Manager to Fly the Rainbow Flag for the Rest of June (PDF)
From: Councilmembers Worthington, Moore and Arreguin
Recommendation: Adopt a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the city of Berkeley and authorize City Manager to fly the rainbow flag for the rest of June.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.
 

40. ZAB Appeal: 3022 Harper Street, Administrative Use Permit No. 09-20000069 (PDF)
Administrative Record (PDF) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 09-20000069 that would legalize the construction of a 28-ft. long, 12-ft. wide garage with an average height of 10-ft., 5-in., that is within 4-ft. of a side property line and within 75-ft. of the front property line.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications (PDF)
1.    Kirkendoll
2.    Oppenheimer
 
Action: M/S/C (Wozniak/Wengraf) to adopt Resolution No. 64,915–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 09-20000069 that would legalize the construction of a 28-ft. long, 12-ft. wide garage with an average height of 10-ft., 5-in., that is within 4-ft. of a side property line and within 75-ft. of the front property line.
Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes: Anderson, Worthington.
 
Action Calendar – Public Hearing
 
41. Residential Preferential Parking Program Modifications to Residential Blocks near Trader Joe’s Store (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving modification to the Residential Preferential Parking (RPP) Program in order to preserve adequate on-street parking for residents in the vicinity of the new Berkeley Trader Joe’s store. The modification will consist of restricting parking for selected blocks on one side of the street to allow only vehicles displaying permits for the designated RPP Area; while parking on the other side will stay as is with RPP and 2-hour visitor parking. This modification will be limited to the already designated RPP blocks within 1,000 feet of the grocery store entrance
 
The blocks affected are as follows:
•     Berkeley Way: 1700, 1800, and 1900 blocks (McGee Avenue to Milvia Street)
•     Addison Street: 1800 block (Grant Street to Martin Luther King, Jr. Way)
•     Bonita Avenue: 1900 block (Hearst Avenue to University Avenue)
•     Grant Street: 1900 and 2000 blocks (Hearst Avenue to Addison Street)
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
b. Communications (PDF)
  1. Mark Hartman
  2. Carol Clarke
  3. Judy Stamps
  4. Stephen Wollmer
  5. Jennifer Cherniss
  6. Regan Richardson
  7. Jim Bost
  8. Michael and Susie Kossa Rienzi
  9. Julie Snyder
  10. L A Wood
Public Testimony: The Mayor opened the public hearing. 6 speakers.  M/S/C (Wozniak/Moore) to close the public hearing.
Action: M/S/C (Arreguin/Moore) to adopt Resolution No. 64,916–N.S. approving modification to the Residential Preferential Parking (RPP) Program in order to preserve adequate on-street parking for residents in the vicinity of the new Berkeley Trader Joe’s store. The modification will consist of restricting parking for selected blocks on one side of the street to allow only vehicles displaying permits for the designated RPP Area; while parking on the other side will stay as is with RPP and 2-hour visitor parking. This modification will be limited to the already designated RPP blocks within 1,000 feet of the grocery store entrance
 
The blocks affected are as follows:
•     Berkeley Way: 1700, 1800, and 1900 blocks (McGee Avenue to Milvia Street)
•     Addison Street: 1800 block (Grant Street to Martin Luther King, Jr. Way)
•     Bonita Avenue: 1900 block (Hearst Avenue to University Avenue)
•     Grant Street: 1900 and 2000 blocks (Hearst Avenue to Addison Street)
Direct City Manager to return in 6 months with a status update and include the following considerations:
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Recused: Maio.
 
42. Budget Public Hearing #2 (PDF)
From: City Manager
Recommendation: Conduct a Public Hearing regarding the FY 2011 proposed budget. 
Financial Implications: See May 4, 2011 Proposed FY 2011 Budget Report.
Contact: Tracy Vesely, Budget Manager, 981-7000
Public Testimony: The Mayor opened the public hearing. 19 speakers.  M/S/C (Maio/Moore) to close the public hearing.
Action: Presentation made and discussion held regarding the FY 2011 proposed budget.
 
43.   Budget - Council Recommendations
From: Mayor and Council
a. Refer $44,000 to the FY 2010/2011 Budget Process for Options’ Recovery Services to Hire a Case Manager/Housing and Benefits Coordinator (PDF)
From: Councilmembers Arreguin, Moore, Anderson and Wozniak
Recommendation: Refer $44,000 to the FY 2010/2011 budget process for Options' Recovery Services to hire a Case Manager/Housing and Benefits Coordinator.
Financial Implications: $44,000
Contact: Jesse Arreguin, Councilmember, District 4, 971-7140
 
Action: Moved to Consent Calendar. Referred Councilmembers Arreguin, Moore, Anderson and Wozniak’s recommendation to refer $44,000 to the FY 2010/2011 budget process for Options’ Recovery Services to hire a Case Manager/Housing and Benefits Coordinator.
 
b. Budget Referral: Berkeley Student Cooperative (PDF)
From: Councilmembers Wozniak and Worthington and Mayor Bates
Recommendation: Refer the following budget request to the budget process: A one-time request for $30,000 to energy retrofit a 2nd Berkeley Student Cooperative (BSC) residence. The energy saving will be used to enable the BSC to meet the Measure G 2020 interim goal of reducing its Greenhouse Gas emissions by 33%.
Financial Implications: $30,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
 
Action: Moved to Consent Calendar. Referred Councilmembers Wozniak, Worthington and Mayor Bates’ recommendation to refer a one-time request for $30,000 to the budget process to energy retrofit a 2nd Berkeley Student Cooperative (BSC) residence.  The energy saving will be used to enable the BSC to meet the Measure G 2020 interim goal of reducing its Greenhouse Gas emissions by 33%.
 

44. Refuse Collection Rates 3% Increase (PDF)
Revised Agenda Material (PDF) 
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution to:

1.   Increase rates and fees for residential and commercial refuse collection by the Bay Area Consumer Price Index of 1.72%;
2.   Consolidate some related fees;
3.   Correct omissions that were inadvertently made to refuse collection regulations in 2009; and
4.   Rescind Sections 1 – 11 of Resolution No. 64,543–N.S., and Section 3 of Resolution No. 64,575–N.S. effective July 1, 2010.
Financial Implications: This increase in basic collection rates is projected to generate an additional $370,000 for the Refuse Fund in FY 2011.
Contact: Claudette Ford, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing. 1 speaker.  M/S/C (Maio/Moore) to close the public hearing.
Action: M/S/C (Capitelli/Moore) to adopt Resolution No. 64,917–N.S. to:
1.   Increase rates and fees for residential and commercial refuse collection by the Bay Area Consumer Price Index of 1.72%;
2.   Consolidate some related fees;
3.   Correct omissions that were inadvertently made to refuse collection regulations in 2009; and
4.   Rescind Sections 1 – 11 of Resolution No. 64,543–N.S., and Section 3 of Resolution No. 64,575–N.S. effective July 1, 2010.
Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Absent: Anderson, Worthington. 
 
Councilmember Anderson absent: 10:12 p.m. -10:14 p.m.
Councilmember Worthington absent: 10:07 p.m. – 10:18 p.m.

 
Action Calendar – Old Business
 
Recommendation: Adopt a Resolution:
1.   Rescinding Resolution No. 64,077-N.S., and
2.   Establishing the fee schedule for the Permit Service Center (PSC) fund for development-related services provided by the Planning and Development Department.
Financial Implications: Revenue: $794,010
Contact: Dan Marks, Planning and Development, 981-7400
Action: Moved to Consent Calendar. Adopted Resolution No. 64,918–N.S.
1.   Rescinding Resolution No. 64,077-N.S., and
2.   Establishing the fee schedule for the Permit Service Center (PSC) fund for development-related services provided by the Planning and Development Department.

 
Action Calendar – New Business
 
46.        FY 2011 Budget Related Reports
a. FY 2011 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2011 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,146–N.S. setting the FY 2011 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.  Second reading scheduled for June 22, 2010.
 
b. Borrowing of Funds and the Sale and Issuance of FY 2011 Tax and Revenue Anticipation Notes (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $50,000,000 and the sale and issuance of Fiscal Year 2011 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar. Adopted Resolution No. 64,919–N.S. approving the borrowing of $50,000,000 and the sale and issuance of Fiscal Year 2011 Tax and Revenue Anticipation Notes.
 
47. New Markets Tax Credit Financing for Ed Roberts Campus (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Authorizing the City Manager or his designee to execute the necessary documents related to the New Markets Tax Credits (NMTC) financing for the Ed Roberts Campus (ERC) project once ERC has met certain conditions; and
2.   Authorizing the City Manager to grant back $490,000 to the ERC, which is the identical amount that ERC will pay the City pursuant to the City’s transfer tax ordinance.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action: Moved the Consent Calendar. Adopted the following:
1.  Resolution No. 64,920–N.S. Authorizing the City Manager or his designee to execute the necessary documents related to the New Markets Tax Credits (NMTC) financing for the Ed Roberts Campus (ERC) project once ERC has met certain conditions; and
2. Resolution No. 64,921–N.S. Authorizing the City Manager to grant back $490,000 to the ERC, which is the identical amount that ERC will pay the City pursuant to the City’s transfer tax ordinance.
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to disburse up to a total amount not to exceed $516,185 in the form of rebates and grants for energy efficiency improvements and designating the eligibility requirements and standards for the Federal Stimulus funded suite of Money for Energy Efficiency programs, which will provide rebates and mini-grants for energy audits and improvements for Berkeley residents and property owners.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Worthington/Wozniak) to adopt Resolution No. 64,922–N.S. authorizing the City Manager to disburse up to a total amount not to exceed $516,185 in the form of rebates and grants for energy efficiency improvements and designating the eligibility requirements and standards for the Federal Stimulus funded suite of Money for Energy Efficiency programs, which will provide rebates and mini-grants for energy audits and improvements for Berkeley residents and property owners. 
Staff to return within 6 months with a status update.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes - None.

 Council Action Items
 
49. Opposing Arizona House Bill 2281, Banning Ethnic Studies (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution opposing Arizona House Bill 2281, which bans ethnic studies in public schools.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Continued to June 22, 2010.
 
50. Oppose Social Security and Medicare Solvency Commission Act (S. 276) (PDF)
From: Councilmember Worthington
Recommendation: Send a letter urging Senator Feinstein to withdraw this damaging bill or amend it to benefit the important needs of our senior citizens and people with disabilities and to send letters to Senator Boxer and Congresswoman Lee asking them to please oppose S. 276.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to June 22, 2010.

Information Reports
 
51. Investment Report: Quarter Ended March 31, 2010 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.
 
52.    **Removed from Agenda by City Manager**2009 Alameda Countywide Homeless Count Results
 
53. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.
 
54. FUND$ Status Report (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Referred to the Agenda Committee.
 
55. Making On-Line City Council Broadcasts More Widely Accessible on Computer and Portable Devices (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.
 
56. Update: Implementation of FUND$ Change Management Audit Recommendations (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.

 
Public Comment – Including Items Not Listed on the Agenda – 0 speakers.
 
Adjournment: 10:31 in honor of Harry Weininger.
 
Communications
 
Item 38: Referral to the Energy Commission: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission
1.    Phoebe Sorgen, on behalf of Alameda County Residents Concerned About Smart Meters (ACRCASM)
2707 Rose Street
2.    Frederick Wyle
Commissioner Dacey
3.    Joe DeCredico

Supplemental Communications and Reports 1

Item 38: Referral to the Energy Commission: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission 
1.    Phoebe Sorgen (6)
2.    Joan Levinson (2)
3.    Estelle Jelinek (2)
4.    Steve Martinot
5.    Judi Shils
6.    Mary Ann Brewin
7.    Marianne Robinson
8.    Margot Smith
9.    Rachel Johnson
10. Chandra Hauptman
11. Mark McDonald
12. Soula Culver
13. Stephanie Thomas
14. Sarah Kotzamani
15. Tim Silk
16. Nina Beety
Item 41: Residential Preferential Parking Program Modifications to Residential Blocks near Trader Joe’s Store
17. May Kandarian
18. Stephen Olson
19. Eric Dynamic
20. Kevin Boone
21. Rob Browning
22. Dea Lee Harrison
 
Supplemental Communications and Reports 2
 
Item 10: FY 2011 Tax Rate: Neighborhood Branch Library Improvements Project GO Bonds-Election of November 2008
Item 14: Levying a Special Tax for FY 2011 to Fund the Provision of Library Services
Item 18: FY 2011 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG)
Item 38: Referral to the Energy Commission: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission
23. PG&E
24. Erica Etelson